Petitioner challenged a 2013 State Human Rights Commission order closing her complaint with a direction to the Director General of Police to enquire. The High Court held the order was not a merits recommendation and dismissed the writ petition on merits and for laches, given an 11-year delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.9783 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.04.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR
AND
THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR
W.P.No.9783 of 2024
R.JanciRani
... Petitioner
Vs.
1.Director General of Police, Mylapore, Chennai – 600 004.
2.The Registrar, The State Human Rights Commission, Thiruvarangam, 143, P.S.Kumarasamy Raja Salai, (Greenways Road) Chennai – 600 028, Tamil Nadu. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for the records in Case No.4137 of 2013 on the file of the 2nd respondent and to quash the same and to direct the 1st respondent to comply with the order passed by the State Human Rights Commission, Tamil Nadu, the 2nd respondent, dated 10.06.2013.
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W.P.No.9783 of 2024
| For Petitioner | : | M/s.R.Mahalakshmi |
|---|---|---|
| For R1 | : | Mr.R.Muniyapparaj |
| Additional Public Prosecutor assisted by Mr.M.Sylvester John |
||
| For R2 | : | Mr.M.R.Gokul Krishnan Additional Government Pleader |
O R D E R
(Order of the Court was made by S.S. SUNDAR, J. )
This writ petition is filed challenging the order of the 2nd respondent/State Human Rights Commission, dated 10.06.2013, made in Case No.4137 of 2023.
2.The petitioner had earlier given a complaint before the State Human Rights Commission with serious allegations against some of the Police officials for human rights violations. It is admitted that the said complaint was closed by order dated 10.06.2013 and the nature of order passed by the State Human Rights Commission reads as follows :
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“ The Director General of Police, Chennai to enquire into the matter and take necessary action. The complaint is closed. ”
3.The order indicating that the Director General of Police should enquire into the matter and take necessary action, cannot be understood as a recommendation of the Commission on merits. Admittedly, none of the respondents were called. The present writ petition is filed not only to quash the proceedings dated 10.06.2013, but also to give further direction to the Director General of Police to enquire into the matter as observed by the State Human Rights Commission. Since the order is not a recommendation which should follow after a consideration of the complaint on merits, the observation only indicates that the complaint ought to have been enquired by the Director General of Police and not by the Commission. It is also to be noted that the petitioner has approached this Court nearly 11 years after the order of the State Human Rights Commission. In the said circumstances, this Court is unable to entertain this writ petition.
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4.Accordingly, this writ petition is dismissed not only on merits, but
also on the ground of laches. No costs.
(S.S.S.R., J.) (N.S., J.) 10.04.2024
mkn Internet : Yes Index : Yes / No Neutral Citation : Yes / No
To
2.The Registrar, The State Human Rights Commission, Thiruvarangam, 143, P.S.Kumarasamy Raja Salai, (Greenways Road) Chennai – 600 028, Tamil Nadu.
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W.P.No.9783 of 2024
S.S. SUNDAR, J. and N. SENTHILKUMAR, J.
mkn
W.P.No.9783 of 2024
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W.P.No.9783 of 2024
10.04.2024
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1 issue framed by the court
Whether a SHRC order directing the DGP to enquire and take action is a merits recommendation that can be quashed or enforced via writ after 11 years of laches?
R.JanciRani
Director General of Police, Mylapore, Chennai – 600 004
The Registrar, The State Human Rights Commission, Thiruvarangam, Chennai
S.S. Sundar
N. Senthilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
